• Property in dispute

I wish to purchase one land property with following details;owner of  6 decimel plot were 3  brothers... of them  first person died keeping behind widow and 2 children, 2nd person died unmarried, 3rd person transferred his right to wife.  their parents died long ago keeping behind 2 daughters also.  the widow is under possession of 4 decimel and willing to sell 4 decimel and has consent of 3rd persons wife, who is not willing to sell her part.
now question is can i purchase 4 decimels from 2 ladies  and  is there any right of the sisters on the died persons part?
Asked 1 year ago in Property Law from KOLKATQ, West Bengal
Religion: Hindu
1. Your query is not clear,

2. You stated " owner of  6 decimel plot were 3  brothers...'.

3. Is he the 2nd brother who died unmarried? If yes then what about his wife and children who will inherit his said property?

4. Or do you mean to say that the said three brothers were the joint owners of the said 6 decimal plot?

5. If so, then the heirs of the the 1st and 3rd brothers will share the 4 decimal plot equally and the plot of the unmarried demised 2nd brother will be shared by the legal heirs or the 1st and 3rd brother alongwith his two sisters as his legal heirs. 
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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1) how was property acquired by the 3 individuals ? 

2) is it self acquired property or inherited property 

3) if property was inherited besides brothers sisters would also have equal shares 

4)on demise of brother his share would devolve on his wife and  2 children 

5) on demise of un married brother his share would devolve on his siblings ie brothers and sisters 

6) don't enter into any agreement without consulting a local lawyer 
Ajay Sethi
Advocate, Mumbai
23346 Answers
1221 Consultations
5.0 on 5.0
1) on demise of unmarried brother his share would devolve on his surviving brothers and sisters 

2) if sister had predeceased unmarried brother her legal heirs won't inherit any share 

3) sisters have to sign gift deed or relinquishment deed . Mere NOC  is not sufficient 

4) it is better deed of family settlement or partition deed be made among family members before you purchase the property 
Ajay Sethi
Advocate, Mumbai
23346 Answers
1221 Consultations
5.0 on 5.0
The widow of the first brother is at liberty to sell her share without the consent of either the surviving sister or heirs of deceased sister. For mutation also she does not require the consent of the sister or the heirs of the deceased sister. The sisters had no share in the property which was co-owned by their brothers. NOC for mutation is required only if one of the heirs is kept out of the ambit of mutation. In your case the sisters are not the heirs.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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1. The share of 1st and the 3rd brother is clear i.e. both of them (or there legal heirs/legatees) will get 1/3rd of the 6 decimals of jointly owned plot bein 2 decimals each,

2. The share of the 2nd unmarried brother will be divided amongst all his legal heirs being his two brothers and also two sisters.If any sister has died intestate, her share will be equally owned by all her legal heirs,

3. Mutation does not confer right on property, registered Title Deeds do. Get a settlement deed executed and registered which will give you ownership of your inherited land.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
You have not mentioned that who was the original owner of the said 6 decimal plot.  If it was a self acquired property of the father of all those three brothers and two sisters and he died intestate without making any arrangement, then the entire property will devolve upon all his five legal heirs and if suppose his wife is alive, she too may be entitled to a share in the property. 
Assuming that the property self acquired or inherited but he had a marketable title, the deceased before his death had settled the property by executing a registered partition deed or a settlement deed in favor of his three sons alone, then those three sons alone have rights in the property. Under such a situation, one unmarried son died intestate and during the time of hi death he was survived by his lone brother and two sisters, therefore his share in the property will devolve on all these three siblings.  So we will take away these two decimal property from the 6 decimal.  Out of the balance 4 decimal, two decimal property each shared by the widow and children  of the deceased son and another surviving son.  Under the said circumstances, if you intend to buy this 4 decimal property, the vendors will be the wife and children of the deceased son along with the wife of the surviving son who has been gifted his share  of property.  
This opinion is given based on your narration, the actual facts may differ from the relevant documents, so better to take an opinion from a local lawyer after producing all papers before him/her. 
T Kalaiselvan
Advocate, Vellore
14148 Answers
127 Consultations
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On your subsequent clarification I shall render my further opinion:

1.  property was purchased by 3 brothers jointly and occupied.  1st brother's title is now in the hands of his widow and 2 children.
Therefore the property belongs absolutely to the 3 brothers alone and upon anyone's death, there respective share in the property shall devolve on their respective legal heirs. 


2. 2nd brother died unmarried i.e.  without any wife or children
His share of property shall devolve on his surviving class II legal heirs (in the absence of class I legal heirs)  The list of Class II legal heirs is given below:
I.         Father
II         (1) Son's daughter's son, (2) son's daughter's daughter,(3)  brother, (4) sister.
III        (1) Daughter's son's son (2) daughter's son's daughter, (3) daughter's daughter's son (4) daughter's daughter's daughter.
IV.       (1) Brother's son (2) sister's son, (3) brother's daughter, (4) sister's daughter.
V.        Father's father; father's mother.
VI.       Father's widow; brother's widow.
VII.     Father's brother; fathers' sister.
VIII.    Mother's father; mother's mother.
 IX.      Mother's brother, mother's sister.





3. 3rd has psycho problem and during treatment transferred his title to his wife's name and has mutation certificate in wife's name.
He is the owner of his share in the property, he can very well transfer the property in his wife's name, the question is whether this transfer was made at the time when he was not in sound mind or insane, if so, then this transfer may not be considered as valid if proved with evidence at a later stage.  




4. 2 married sister lived other place and never lived here, one of them also died keeping 1 son and husband behind.
Both the sisters actually do not have any right in the property even if they lived in it earlier because it was jointly purchased by their brothers out of their own funds.  However, one surviving sister may stake a share in her unmarried deceased brother's share in the property along with her surviving brother. 



now the living sister and died sister's  heir has any right on this property i.e. died brother's property ?
Read the last line of the above answer.



the living sister and died sister's heir can issue NOC  for mutation in my favor and accept cash giving receipt without signing deed of sale and presenting it to the registrar?
The surviving sister of the deceased brother shall become the Class II legal heir along with her surviving brother to stake claim in her unmarried deceased brother's share in the property. Hence she along with her brother have to jointly execute the registered sale deed in favor of the buyer or they can both execute a registered gift deed in respect of their share in the property in  favor of the other shareholder/owner who is negotiating the sale a a vendor with the buyer, then the proposed vendor shall hold the marketable title to sell the properties intended to be sold. 


can the land office allow a mutation in my favor for the part of  1st brother full and a fraction of 2nd brother for which 1st and 3rd brother will sign -  if sisters refuse to sign?
The mutation process will appear only after you have purchased the property, so first purchase the property properly and legally by taking a proper legal opinion from an expertise lawyer in the local and then look for the formalities of mutation of revenue records. 
T Kalaiselvan
Advocate, Vellore
14148 Answers
127 Consultations
5.0 on 5.0

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